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(영문) 수원지방법원 안산지원 2012.12.27 2012고단1688

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 8, 2012, the Defendant abused the victim’s head by beer and beer who was a dangerous object on the table table and was in dispute of the drinking value at the D points operated by the victim C (the 33 years of age, women) in Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Related photographs and investigation reports;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the result of the crime, etc.; however, there are no criminal records of the crime and the suspension of execution or more; the defendant appears to have committed the crime of this case in a state of exploitation by fault; the defendant has been agreed with the victim; the defendant has committed the crime of this case; the defendant has been in depth; the social ties of the defendant is clear; the detention of the defendant is accompanied by excessive difficulty for his family members; the motive and circumstances leading to the crime of this case; circumstances after the crime; the relation between the defendant and the victim; the defendant's age

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;